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    • Sorry, just to be clear; I handed the car back in November time.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naive on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was goobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. So I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation so I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?     
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • the number of people that can't pay rather than just WON'T pay, that were arrested for non payment of CTAX in the uk can be counted on the fingers of one hand. seriously, forget about that ever happening to you or it ever ever going that far. yours is very obviously not a case of wilful refusal to pay.    get you MP onboard as quickly as you can monday.   i can tell you now the council will not accept £5PCM . you need serious help if you are in such dire trouble and to be honest why has this just happened this year or is this problem greater than simply not paying since april? what happen in previous years were you able to meet CTAX ok? explaining the above in your brief but concise contact with your MP will go along way to them intervening much quicker.                
    • i wouldn't worry about the other persons data thats a 2nd string for later.   you need to deal with this threat. whatever it is... tell us the story and name names with dates and times etc.   they cant threaten you with a CCJ to VT a vehicle, you probably mean a return of goods order.?   do you still have the vehicle? i will gather so and you are behind with the finance agreement, with Santander, is this an hP agreement or a personal loan whereby the car is specifically mentioned please.   i will guess its just a std DCA (who) on behalf of their client (santander?) threat-o-gram whereby they haen't a clue what they are doing but think it's the right one to send..   only the OWNER of any debt can do court, and if its vehicle finance via HP/per loan whereby you've paid more than 1/3rd, there is stuff and all anyone can do without a return of goods order as under the Consumer credit Act, the vehicle becomes protected goods past 1/3rd paid   spill the beans   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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More Northwest Mini Centre Glossop....


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I know Chris very well and have done for many years.

Sadly it seems I'm another one of his victims.

 

I paid Chris £600 upfront in January this year to repaint my mk 4 golf anniversary.

He stated that as the body shop side of his business was quiet over winter he could do mine between other jobs and it would be done in 3-4 weeks from then.

 

Nearly 6 months later and I'm still waiting.

The car is sat in the same place I parked it back in January.

 

Last month (April) I had a talk with him and told him I wanted the car and cash back and that i would get the work done elsewhere.

 

He promised to crack on with it and days later the bumpers, lights etc were removed,

now we are back to square one with my car sat rotting away.

It's been there that long there's 3mm of tree sap caked on the car.

Chris avoids replying to my texts.

 

I've been told by a very good friend of Chris's that he has over 40 cars waiting for extensive restoration work

the majority of customers having paid upfront all to lavish Chris's lifestyle.

 

His friend admitted he doubted any of the cars would ever get done and that it was only a matter of time before he 'Did a flit' back to his belovied Cornwall.

 

His working week consists of 3 days now.

Tuesday, Wednesday and Thursday.

On Thursday evening he travels down to Cornwall returning Tuesday.

 

He's well aware of the comments on this forum and reckons most is liable and that he's tried several times to get it taken down but to no avail.

 

Posts claiming people have served court papers on him are also false according to him with most of the negative comments coming from a disgruntled ex member of staff that was sacked - the guy lives in fairy land.

 

I don't know how the guy has the brass neck to continue taking money off people.

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  • 4 weeks later...

Yes he's still trading apparently.

Two of his customers had their cars recovered yesterday (Monday 26th) by recovery companies. Chris was no where to be seen and left it all to his business partner who looked embarrassed by the whole thing and claimed he works independantly of Chris - personally I think this is rubbish but hey ho.

There's rumours locally he's about to do a flit so act quickly !

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  • 2 weeks later...

I have copies of court papers which were issued against him.

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  • 2 months later...

Just a quick update.

 

Chris told me last week he didn't have the cash or means to finish my car and that I was welcome to pick up when I wanted too but as he had 'prepped' the car for paint, removed the bumpers, lights etc he was keeping the cash as he had technically started the work.

 

I've been told tonight that he's been caught by one of his angry customers trying to do a flit with his toolbox and some of his equipment strapped to his trailer all hooked up to his discovery.

 

The trailer/equipment have been seized by the customer until his car and cash are returned.

 

We went up tonight mainly to weigh up my Golf but there's still lots of vehicles -mainly minis in his rear yard.

 

His workshop is apparently empty with all ramps and equipment gone.

 

Can I suggest if you have vehicles still there you arrange to collect them asap.

I would imagine the unit will be quickly re-let.

 

There's a lot of very angry people locally who he owes money too including me!

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I am just gathering everything I have to go to a solicitor on Monday, I have pictures from 2014 just before Chris picked up my mini and it is in better condition then, than it does now (3years and £2k later)

 

How have you got on regarding the solicitor?? I am keen to take action but just wonder if there's any point for a £600 debt. I have no paperwork it was a verbal agreement but I do have texts where he's told me to bring the car and money down on a certain day and he will crack on with it.

 

Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

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Interestingly a local company he owes money too is taking him individually to court and not the business as they reckon they have a better chance of getting the money back.

 

If the company is insolvent ; it doesn't matter if you have a cast-iron case, and obtain judgment, as there is nothing to enforce against.

The hurdle they will face is in showing that he (the individual) is liable instead of the company - they may be willing to say "we'd win against the company but it'd do us no good, so we'll chance our arm against the individual" - it depends on their circumstances (they might, for example, have had a personal guarantee given, making the individual liable).

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if liquidators are going in Monday there's no point me taking him to the small claims court?

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

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So basically if liquidators are going in Monday there's no point me taking him to the small claims court?

 

As a general guide, I'd suggest a potential litigant ask themselves (if self-represented) or their legal advisor 2 questions:

a) what are my chances of obtaining a judgment, and

b) If I obtain a judgment, can I enforce it (else it becomes a hollow victory).

 

I just wonder given that 9 months after dropping my car off in a driveable state for a paint job it now looks like it's out of a scrap yard and will need trailerling away could i not try and go down the criminal road and have him done for fraud and criminal damage??

 

Fraud by false representation : you'd have to show he knowingly gave a false representation (that exposed you to a risk of loss, etc. etc. ).

Companies fail all the time, that doesn't mean it is fraud, and the level of proof for a criminal conviction is "beyond reasonable doubt" ..... so a criminal case is a possibility, but likely wouldn't happen unless there was felt to be a realistic prospect of a conviction.

 

Criminal damage?.

http://www.legislation.gov.uk/ukpga/1971/48/section/1

"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."

 

So he could claim that acts in preparation for improvements aren't damage....... (I'm not saying a court would agree, but he might claim it!), or that he had "lawful excuse"

 

http://www.legislation.gov.uk/ukpga/1971/48/section/5

"if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances;"

 

You agreed he could work on the car?.

If I need an extension building, and know that the builder will have to take down a wall, then the taking down of the wall isn't criminal damage : at the time of the damage the builder believes I'm entitled to consent and that I consent.

If the builder then goes insolvent and doesn't build my extension, that doesn't make it criminal damage, as the statute refers to "the time of the act".

 

What did you think he'll say he believed at the time of the act?

 

Again, to avoid a successful prosecution (or prosecution at all, as the CPS wont proceed unless there is a realistic prospect of success), all he need do is introduce "reasonable doubt"

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Latest update - chris has gone AWOL. Steve and Mark have taken over workshop and want all cars gone by end September. Derbyshire police very interested in this case as below. Lots of people have been defrauded.

 

People affected need to ring 101... press # for alternative station and say Derbyshire. Then get through to that constabulary (if you are not from round there).

 

You can quote this incident number and it will make a bigger case. If you can get in to make a statement then great!

 

Ex-employees / customers alike!

 

EDIT: CASE NUMBER 797250917

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